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(영문) 수원지방법원 성남지원 2018.07.20 2018고단919
강제추행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged: (a) around November 25, 2017, the Defendant committed an indecent act by committing one time against the victim E (the age of 23) who was located in the place before the “D’s singing room,” which was located in Seongbuk-gu, Sungnam-si; and (b) the Defendant committed an indecent act on the part of the Defendant.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010).

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

① According to CCTV images (see, e.g., the 37th page and 38th page of the evidence record), the victim wraps tobacco on the passage in which the victim moves towards the road and takes the mobile phone. However, it is confirmed that the Defendant’s wurg, which was incurred in the left hand of the victim, is somewhat light of the victim’s left tam.

The victim returned to the defendant, and the defendant talks about the victim's way to the right side of the road after he talks about the victim's way to get off, and then moves to the right side of the road.

The defendant shall express his/her intention to the effect that he/she is running to the port side again, while moving to the port.

(2) It is sufficient to judge that the act of flocks of young female due to flock is an indecent act by force, and the defendant continued to apply for the victim while flocks with the victim.

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